Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H033631
|
Ajaxo Inc. v. E*Trade Financial Corp.
Unjust enrichment is not provable where jury finds defendant has not made profit from trade secret misappropriation. |
Intellectual Property |
|
Aug. 31, 2010 | |
08-56291
|
Fortune Dynamic Inc. v. Victoria’s Secret Stores Brand Management Inc.
Summary judgment is improper in trademark infringement case where use of descriptive term created issue of material fact as to fair use. |
Intellectual Property |
|
Aug. 20, 2010 | |
08-55075
|
Jules Jordan Video Inc. v. 144942 Canada Inc.
Films are not ‘works for hire’ where employee preparing work is sole officer and shareholder of employer company and responsible for all decisions. |
Intellectual Property |
|
Aug. 17, 2010 | |
10-55069
|
Advertise.com Inc. v. AOL Advertising Inc.
Preliminary injunction is inappropriate where term ADVERTISING.COM is generic because 'dot-com' can refer generally to Internet-based businesses. |
Intellectual Property |
|
Aug. 4, 2010 | |
09-55673
|
MGA Entertainment Inc. v. Mattel Inc.
Constructive trust transferring Bratz trademark portfolio to Mattel Inc. is improper where defendant's legitimate efforts increased value of Bratz brand. |
Intellectual Property |
|
Jul. 23, 2010 | |
07-55344
|
Toyota Motor Sales U.S.A. Inc. v. Tabari
Domain names may contain trademark where such use does not create confusion that website is sponsored or endorsed by trademark holder. |
Intellectual Property |
|
Jul. 9, 2010 | |
09-55134
|
Mindys Cosmetics Inc. v. Dakar
Court denies attorney's anti-SLAPP motion although lawsuit arose from protected act of filing trademark application with U.S. Patent and Trademark Office. |
Intellectual Property |
|
Jul. 7, 2010 | |
08-964
|
Bilski v. Kappos
Machine-or-transformation test is not sole test for determining patent eligibility of 'process' under Section 101 of Patent Act. |
Intellectual Property |
|
Jun. 29, 2010 | |
08-15206
|
Visa International Service Association v. JSL Corp.
Company may not use mark where online use of mark could weaken ability of consumers to associate plaintiff's mark with Visa brand. |
Intellectual Property |
|
Jun. 29, 2010 | |
08-55719
|
Benay v. Warner Bros. Entertainment Inc.
Copyrighted ‘Last Samurai’ screenplay is not infringed by ‘Last Samurai’ film, despite similarities. |
Intellectual Property |
|
Jun. 10, 2010 | |
08-56954
|
Montz v. Pilgrim Films & Television Inc.
Federal copyright law preempts state claims where plaintiffs’ asserted state rights are equivalent to rights of copyright owners. |
Intellectual Property |
|
Jun. 4, 2010 | |
07-15383
|
Brayton Purcell LLP v. Recordon & Recordon
Venue is proper where defendant infringed copyright using website targeting prospective clients in jurisdiction where plaintiff’s business operates. |
Intellectual Property |
|
Jun. 1, 2010 | |
H032895
|
Silvaco Data Systems v. Intel Corp.
Purchaser of misappropriated source code is not liable for misappropriation of trade secrets by executing machine-readable code translated from source code. |
Intellectual Property |
|
May 28, 2010 | |
08-56079
|
Cosmetic Ideas Inc. v. IAC/InteractiveCorp
Plaintiff complies with registration requirement by submitting completed application to Copyright Office prior to filing infringement suit. |
Intellectual Property |
|
May 26, 2010 | |
08-16005
|
Au-Tomotive Gold Inc. v. Volkswagen of America Inc.
Company is liable for trademark infringement where it sells purchased item with trademark symbol, creating post-purchase confusion as to item’s origin. |
Intellectual Property |
|
May 7, 2010 | |
B190482
|
Franklin Mint Co. v. Manatt, Phelps & Phillips LLP
Estate and Fund associated with Princess Diana lacked probable cause to prosecute trademark dilution claim against company selling merchandise with her likeness. |
Intellectual Property |
|
May 5, 2010 | |
H032895
|
Silvaco Data Systems v. Intel Corp.
Purchaser of misappropriated source code is not liable for misappropriation of trade secrets by executing machine-readable code translated from source code. |
Intellectual Property |
|
Apr. 30, 2010 | |
08-56831
|
Zobmondo Entertainment LLC v. Falls Media LLC
Summary judgment is improper where genuine issue of material fact exists as to whether board game trademark is invalid as descriptive mark. |
Intellectual Property |
|
Apr. 27, 2010 | |
08-17306
|
CRS Recovery Inc. v. Laxton
California law applies to diversity case involving dispute over ownership of Internet domain name where California defendant's tortious conduct occurred in California. |
Intellectual Property |
|
Apr. 7, 2010 | |
07-35861
|
JustMed Inc. v. Byce
Individual is considered employee under Copyright Act where he was hired for indefinite duration, had numerous tasks, and replaced former employee. |
Intellectual Property |
|
Apr. 6, 2010 | |
08-103
|
Reed Elsevier Inc. v. Muchnick
Copyright holder’s failure to register under Copyright Act does not deprive federal court of jurisdiction over infringement claim. |
Intellectual Property |
|
Mar. 2, 2010 | |
H034441
|
Jasmine Networks Inc. v. Superior Court (Marvell Semiconductor Inc.)
Company can recover for misappropriation of trade secret even if it no longer owns intellectual property at issue. |
Intellectual Property |
|
Dec. 31, 2009 | |
08-35001
|
Lahoti v. Vericheck Inc.
Under Lanham Act, trademark is not necessarily distinctive although it does not describe all services provided and could describe services not provided. |
Intellectual Property |
|
Nov. 16, 2009 | |
G042205
|
Perlan Therapeutics Inc. v. Superior Court (NexBio Inc.)
Trade secret disclosure statement is insufficient to commence discovery where statement merely concluded that alleged secrets were not general knowledge. |
Intellectual Property |
|
Nov. 5, 2009 | |
07-56110
|
Art Attacks Ink LLC v MGA Entertainment Inc.
Alleged infringer's access to copyrighted design is not established by proof that design was sold at county fairs and on limited website. |
Intellectual Property |
|
Sep. 17, 2009 | |
08-55316
|
One Industries LLC v. Jim O'Neal Distributing Inc.
Tacking of multiple marks to treat as one continuing trademark is inappropriate where marks were not indistinguishable. |
Intellectual Property |
|
Aug. 26, 2009 | |
07-15383
|
Brayton Purcell LLP v. Recordon & Recordon
Venue for copyright infringement lawsuit is proper where plaintiff established that defendant was 'amendable to personal jurisdiction' in forum state. |
Intellectual Property |
|
Aug. 6, 2009 | |
G040902
|
Raining Data Corp. v. Barrenechea
Mandatory attorney fee award based on counsel's declarations without detailed time records is proper. |
Intellectual Property |
|
Jul. 22, 2009 | |
08-15101
|
Marlyn Nutraceuticals, Inc. v. Mucos Pharma GMBH & Co.
District court must find substantial risk of danger to public to order recall of product in trademark infringement case. |
Intellectual Property |
|
Jul. 7, 2009 | |
B209964
|
FLIR Systems Inc. v. Parrish
Trial court's finding that company filed trade secrets lawsuit in bad faith against former employees is not error. |
Intellectual Property |
|
Jun. 17, 2009 |